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HomeMy WebLinkAboutR96-019 approving service plan for Eagle River Water and Sanitation~''% ~: Commissioner ~ moved adoption of the following esolution: BOARD OF COUNTY CONIl~iISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 96-~ APPROVING THE SERVICE PLAN OF THE r t' ~' v~ EAGLE RIVER WATER AND SANITATION DISTRICT l~ WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado, is vested with administering the affairs of Eagle County, Colorado, pursuant to state statutes; and WHEREAS, pursuant to the provisions of the "Special District Control Act", Part 2 of Article 1, Title 32, C.R.S., the Petitioners of the proposed District filed a Service Plan for the proposed Eagle River Water and Sanitation District ("District") in Eagle County, Colorado on January 10, 1996; and WHEREAS, pursuant to the provisions of Subsections 32-1-202(1) and 32-1-204(1) C.R.S. the Board of County Commissioners of Eagle County, Colorado, scheduled a public hearing on the Service Plan to be held at 9:00 a.m. on February 20, 1996; and WHEREAS, notice of the date, time and location and purpose of said hearing was duly published in The Eagle Valley Enterprise, a newspaper of general circulation, on January 25, 1996; notice was provided to the Division of Local Government in the Department of Local Affairs of the name and type of the proposed District; notice of the date, time and location of the said hearing was provided to the Petitioners; to the governing body of each municipality and of each special district which had levied an ad valorem tax within the next preceding tax year and which had boundaries within a radius of three (3) miles of the District; to said Division, as required by Subsections 32-1-202(1) and 32-1-204(1), C.R.S.; to the property owners within the proposed District via post card notification pursuant to Subsection 32-1-204(1.5) C.R.S.; and WHEREAS, the Eagle County Planning Commission studied and considered the Service Plan at its meeting of February 7, 1996, and at which time said Commission recommended approval of the Service Plan with conditions, which recommendations were subsequently presented to the Board of County Commissioners, as required by Subsection 32-1-204(2), C.R.S.; and ~? ~~ ,. w. ..:. ~~ 584595 B-688 P-594 p2,/2g/g6 ?~J:229 PG 1 nF 4 REr nnr Sara J. Fisher Eagle r~,an±~= ("lerlr ~, Recorder Q.QO WHEREAS, this Board did on February 20, 1996, conduct a full public hearing on this matter, taking evidence establishing the jurisdiction of the Board to hear this matter, and further taking evidence regarding the substantive issues set forth in Section 32- 1-203, C.R.S., at which hearing all interested parties were afforded an opportunity to be heard; and WHEREAS, at said hearing the Board considered the conditions proposed by the Planning Commission, and considered the inclusions into Eagle River Water and Sanitation District; and WHEREAS, the Board considered the Town of Minturn' s request to be excluded from the water service area; and WHEREAS, this Board has fully considered the Service Plan and all testimony and other evidence presented to it in this matter relating to the Service Plan, including the favorable recommendation of the Eagle County Planning commission. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CONIIKISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: Section 1. The Board hereby determines that all of the jurisdictional and other requirements of Section 32-1-202 and 32-1- 204, C.R.S. have been fulfilled, including those relating to the filing and form of the Service Plan, the form and publication of the public notice of the hearing on the Service Plan and the type of public hearing held herein. In that respect, the Board hereby finds that the Petitioners were required and did give post card notification of the hearing pursuant to Section 32-1-204(2.5), C.R.S. Section 2. Based upon the information contained within the Service Plan and evidence presented to the Board at the hearing, the Board hereby finds and determines as follows: A. There is sufficient existing and projected need for organized services of the nature proposed in the Service Plan in the area to be serviced by the proposed District; b. The existing services in the area to be served by the proposed District are inadequate for present and projected needs [although Subsection 32-1-607(6), C.R.S makes this finding inapplicable]; C. The proposed District is capable of providing economical and sufficient services to the area within its proposed boundaries; D . The area to be included within the proposed District will have the financial ability to discharge the proposed indebtedness on a reasonable basis; :~ ~: ,~,.. ~. 584595 L-68~ P-594 42%25!96 1n;??A pr ? ng a M E. Adequate services are not and will not be available to the area through Eagle County, or other governmental organization, including special districts, within a reasonable time and on a comparable basis; F. The facilities and service standards of 'the proposed District are or will be compatible with the facilities and service standards of Eagle County; G. The Service Plan is in substantial compliance with the Eagle County Master Plan; H. The proposal is in compliance with the long-range water quality management plan for the area; and I. The creation of the proposed District will be in the best interest of the area proposed to be served. J. The Town of Minturn is not within the water service plan. Section 3. The Town of Minturn is excluded from the water service plan. Section 4. The Service Plan of the proposed District shall be and is hereby approved. Section 5. The Clerk to the Board is hereby directed to advise the Petitioners in writing of this action and to attach a certified copy of this Resolution for the purpose of filing the same with the District Court of Eagle County. Section 6. All Resolutions, or parts thereof, in conflict with the provisions hereof, are hereby repealed to the extent of such conflict only. Section 7. This Resolution, immediately upon its passage, shall be authenticated by the signatures of the Board of County Commissioners and the County Clerk and Recorder and sealed with the corporate seal of the County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the ~~~ day of ~t-. 1996. y~ COUNTY OF EAGLE, STATE OF ~ pt t+ COLORADO, By and Through Its ATTEST: ~ ti.~f.~y ~ BOARD OF COUNTY COMMISSIONERS /~ ~ ~ // ~ ~i e ,C ~~ORA~' 6 BY~ _~ C erk to the oard of Georg Gates, Chairman County Commissioners 184595 B-688 P-594 02j26/96 10:22A PG 3 ~JF 4 ~,. 4~ ~. ~- ~- 4 + i• i missioner --''7 ,. ~, Commissioner 6~~u~.P~~p seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner James E. Johnson, Jr. ~__ Commissioner George A. Gates Commissioner Johnnette Phillips This Resolution passed by c3'-~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. r\eagle.riv L'°~ ~_ w.: ~::- ,~., . ~,: 58~Fgti 8-688 P-594 n?/?F/96 7n;??p pr a ng ~